'Complainant's dress was sexually provocative...' Kerala court's bail logic

The Sessions Court in Kozhikode, Kerala, had made controversial observations while giving anticipatory bail to author Civic Chandran in a sexual harassment case. The Kozhikode sessions court order copy, which came out on Wednesday, said sexual harassment would not prima facie stand when the complainant was wearing a sexually provocative dress.

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Granting anticipatory bail, the court observed, "Even admitting that there was physical contact, it is impossible to believe that a man aged 74 and physically disabled can forcefully put the complainant in his lap and sexually press her breast."

Holding that Section 354 A (sexual harassment) will not prima facie stand against the accused, the court further observed that "the photographs produced by the accused would reveal that the complainant herself is 'exposing to dresses' which have some sexual provocative one."

Kozhikode District Sessions Court Judge S Krishnakumar issued the controversial order. The judge further said that in order to file a case, there should be sufficient evidence to prove that the honour and dignity of a woman had been violated.

The observations came over the prosecution's allegation that there was a camp convened by the accused and others at Nandi beach near Koyilani in February 2020. The prosecution had claimed that when the participants were returning, the accused caught the hands of the complainant and forcefully took her to a lonely place. He then allegedly asked her to lie on his lap and pressed her breast.

The complainant also demanded that the case be taken under Sections 354A (2), 341 and 354 of the Indian Penal Code. But Chandran's lawyers, PV Hari and M Sushma argued that this is a fake case and a story concocted by some of the enemies to take revenge against the accused. They asked for the reason why the case was registered almost six months after the incident.

The public prosecutor had opposed the grant of bail to the accused. The prosecution argued that a similar case of sexual harassment had been filed against the accused earlier. Chandran had been granted anticipatory bail in that earlier case pertaining to an alleged attempt to molest a Dalit woman. In the second case, the court granted anticipatory bail to Chandran on August 12. The controversial remark came to light after the order was issued. 

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• Civic Chandran
• Kerala
• Kozhikode
• Section 354A
• Sessions Court
• provocative dress
• sexual harassment